[RG Kar Rape-Murder] Cal HC Declines to Hear PIL on Shifting Junior Doctors’ Protest Amid Traffic Concerns

The Calcutta High Court Today (Oct 7) refused to take up for hearing at present a PIL seeking that a sit-in by junior doctors at Esplanade be shifted to a side of the thoroughfare, on the claim that its present position was affecting movement of traffic. The agitating medics in West Bengal are holding a fast-unto-death at the spot in the heart of the city since Saturday, demanding justice for the rape and murder of a woman doctor of R G Kar hospital and workplace safety.

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KOLKATA: The Calcutta High Court declined to hear a Public Interest Litigation (PIL) seeking to relocate the sit-in protest by junior doctors at Esplanade, which is reportedly causing traffic disruptions. The protest, in the heart of Kolkata, involves junior doctors from West Bengal who have been staging a fast-unto-death since Saturday.

Their demonstration demands justice for the alleged rape and murder of a woman doctor from R G Kar Hospital, alongside their call for improved workplace safety.

A division bench, led by Chief Justice T S Sivagnanam, refused to entertain the PIL at this time, stating that the

“R G Kar rape-murder case is currently under the consideration of the Supreme Court.”

The petitioner’s legal representative argued that the protest is obstructing traffic on an arterial road, and urged the court to relocate the sit-in to the side of the thoroughfare to ease congestion.

However, the bench, which also included Justice Bivas Pattanayak, responded that it would not intervene in the matter for now. They advised the petitioner to revisit the issue after the Durga Puja vacation, if necessary.

The court’s stance reflects a focus on prioritizing ongoing legal proceedings while respecting the significance of the protest, though it acknowledged concerns regarding public inconvenience.

Thus, the court refrained from making any immediate decisions about the protest’s location, leaving the possibility for future intervention open post-holidays.

The situation involving the junior doctors’ protest and the Calcutta High Court‘s decision is a complex one that balances public concern with legal protocol. On one hand, the protest is deeply significant as it addresses crucial issues like justice for the alleged rape and murder of a colleague and the need for enhanced workplace safety in the medical field. These are sensitive, pressing matters that understandably evoke a strong response from the medical community.

From the court’s perspective, there is a clear adherence to procedural protocol. Since the R G Kar rape-murder case is currently under the consideration of the Supreme Court, it makes sense for the Calcutta High Court to defer to the higher court before making any related judgments. This shows respect for the ongoing legal process, ensuring that jurisdictional boundaries are maintained.

At the same time, the petitioner’s concern about traffic disruptions due to the sit-in protest is also valid. Protests, especially in central areas of a busy city, can cause significant inconvenience to the public, impacting daily life, transport, and essential services. The petitioner’s suggestion to move the protest to the side of the thoroughfare appears to be a reasonable compromise, addressing both the doctors’ right to protest and the public’s need for unobstructed access to key roads.

However, the court’s decision to delay hearing the case until after the Durga Puja vacation indicates a desire to maintain calm and not escalate tensions during a major cultural and religious period in the state. It also suggests that the court may want to wait until the Supreme Court provides more clarity on the underlying case before intervening in the peripheral issues, like the location of the protest.

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